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Real estate and construction Recognition of ownership of land

Kirilkin Radion

Head of real estate and commercial law practice

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kirilkin@prikhodko.com.ua

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Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.

Recognition of ownership of land

Official confirmation by the state of the ownership of land to a person in cases provided for by law is called recognition of the right of ownership of the land plot. It is carried out by issuing a corresponding decision by the court upon the filing of a corresponding claim by a citizen. Such an appeal to the court becomes necessary when there are certain obstacles, controversial situations or uncertainty regarding the ownership of the land plot to a person.

When does the right to recognition of the right of ownership of the land plot arise in court?

Визнання права власності на земельну ділянку

It is necessary to apply to the court with a claim when:

firstly, official confirmation of acquisition of ownership of the land by prescription of use is required. This is possible if the land plot has been in the possession of a person (a bona fide user) for the last fifteen years. At the same time, no one has claimed their right to it;
secondly, it is necessary to complete the procedure for inheriting the plot (in the event of disagreements between the heirs regarding the division of the inheritance, which includes the land plot);
thirdly, it is necessary to recognize ownership of the land on which real estate belonging to the person is located (if the citizen received a refusal from the authorities to transfer such a land plot into ownership) – including in the procedure of free privatization;
fourthly, it is necessary to recognize the right to land of the legal successor of the legal entity as a result of its reorganization (merger, division, transformation).

It is also worth noting: such a claim can be filed with the court only if there is a dispute about the right or non-recognition of the rights of a person to this plot by other individuals or legal entities. We also recommend contacting our lawyers for detailed legal advice on this issue.

It will also be useful: Extract from the land registry about the land plot

Submitting a claim for recognition of ownership of a land plot: main nuances

Preparing a claim is a responsible stage, on which the result largely depends. This process has its own characteristics, due to the need to provide comprehensive evidence. The key aspects that should be taken into account when preparing a claim are as follows:

the claim is filed with the court at the location of the land plot in accordance with Article 28 of the Civil Procedure Code of Ukraine;
the defendant in these cases may be a state body or local government body (if the dispute arose, for example, in connection with the refusal to privatize, the cancellation of relevant decisions), another individual or legal entity (adjacent landowners, heirs, etc.);
the claim must be accompanied by duly certified copies of documents confirming the claims (may vary depending on the case) – a certificate of the right to inheritance, an extract from the Land Registry, cadastral documentation, a written refusal of the authorities to transfer the land plot into ownership or register the right of ownership;
it is necessary to pay a court fee in the amount established by law and provide a document confirming its payment (original receipt);
due consideration of the statute of limitations, which is three years.

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What other documents are required to recognize ownership of a land plot?

In addition to the main documents, for successful recognition of ownership, the following may be required, depending on the specific circumstances of the case:

a decision of the authority on granting permission to develop a land management project (regarding the allocation of a land plot to a person in accordance with the procedure for free privatization);
a certificate of the composition of the inheritance, documents confirming family ties with the testator, his will (in the case of inheritance);
other documents related to the dispute (copies of appeals, complaints).

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Why should you contact a real estate lawyer from the Law Firm “Prikhodko & Partners”?

Contacting a real estate lawyer from the Law Firm “Prikhodko & Partners” can be beneficial for many reasons, especially if you value saving your own resources, professionalism, and an individual approach to resolving land issues. Our specialists have proven competence in cases of recognition of ownership of a land plot, resolution of land disputes, individual strategies to achieve the best result depending on the request. The lawyers of our company are able to provide a full range of legal services, ranging from consultation and analysis of documents to representing your interests in court. They will also help you avoid mistakes when drawing up documents. Finally, contacting competent lawyers can be especially useful, since they are familiar with local practice and the peculiarities of the work of state bodies in individual regions of our country.

Thus, recognition of ownership of land is an important legal mechanism that provides official confirmation by the state that the land belongs to a citizen. Filing a claim for such recognition in court requires careful preparation, starting with determining the appropriate court and ending with the preparation of additional documents.

Due to the complexity of recognizing the right of ownership of a land plot in court, we recommend that you send an application for qualified legal assistance from our specialist. Prikhodko and Partners Law Firm is your peace of mind and confidence in the safety of your rights. To find out the cost of legal support, fill out the form below.

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Were other lawyers handling your case?

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Are you in Kyiv or Kyiv region?

Yes

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Do you need legal assistance urgently?

Yes

In which regions of Ukraine do you work?

The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.

We provide our services in all regions of the Kyiv region, for example:
Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
Brovary district (the cities of Brovary, Berezan).
Buchansky district (towns of Bucha, Irpin, Vyshneve).
Vyshhorod district (the cities of Vyshhorod, Slavutych).
Obukhiv district (towns of Obukhiv, Boguslav,
Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
Fastiv district (the cities of Fastiv, Boyarka).

It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!

Do you provide consultations online or over the phone?

Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.

Successful cases on the topic:

You may also need:

Checklist for temporary violation of landscaping

Change of purpose of the land plot

Contract of purchase and sale of land plot

Application for providing information from the state land cadastre

Cadastral number of the land plot

Consultation of a lawyer on real estate and land issues

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